Section 5.1 Flashcards
There are a lot of words to use to describe the different types of evidence and this means what?
They are not mutually exclusive
Tends to show guilt clearly.
Direct evidence
Video recording of the defendant leaving the liquor store and a video of him saying “give me all your money”. You have a great view of his face this would be what kind of evidence?
Direct evidence that tends to show guilt
Tends to imply guilt.
Indirect evidence
If you see someone walking down the street and running out of the store with a bag of money in one hand and a gun in the other and the clerk is yelling stop. What kind of evidence is this?
Indirect/ circumstantial
If you did not witness the person committing the crime but the aftermath. What kind of evidence is this?
Indirect/circumstantial
Indirect evidence is also referred to as what?
Circumstantial
Example, murder scene and you find a footprint next to the body. You can link it to a certain person. What kind of evidence is this?
Indirect beach it implies guilt because it shows that they were at the scene but it does not mean that they committed the murder.
Most cases are won with nothing but what kind of evidence as long as you have backups?
Circumstantial
You can win a case on circumstantial evidence based on the quality of the implication. True or False
True
Footprint at the crime scene, I also lied about where I was the night of the crime, I own that gun but I cannot find it, and this and this. Indirect evidence adding up means that you could use it in court. True or False
True
Refers to really small things.
trace evidence
blood droplets or bodily fluid that contains DNA
trace evidence
Hair
Fibers
Soil that went from the scene to the suspects shoes or vice versa
Trace Evidence
Latin term that means “evidence as established by law”
Prima Facie
There are a few different ways to find evidence of intoxication. The easiest way is by breath or blood. BAC of 0.08 becomes a ____ ________ of intoxication.
Prima Facie
.08 or higher you are legally assumed to be what?
Intoxicated
.2 BAC you are what?
Wasted
.53 BAC is what?
highest ever recorded
Evidence tends to ________ a person with a crime.
associate
Your footprint was found at the scene. This is evidence that associates you with a crime. True or False
True
Your footprint being found at a scene does not necessarily evidence of guilt but it is what?
association
Evidence that whatever happened was a crime is what?
Corpus Delicti
Every time a law is made they write out the elements that are needed to commit the crime. True or False
True
Example, Arson elements of the crime there must be a fire set on purpose on property that is not theres, intent to kill someone within. You must prove the elements of the crime before you can hold someone accountable. True or False
True
Example, dead body. Is this for sure a crime?
No. A few examples of why it is not is natural causes or suicide
Example, arson you need to find evidence that it was really set and it was not lighting strike or something. This is an example of what?
Corpus Delicti
If we want to present evidence in court it needs to be what:
1.
2.
3.
- Material
- relevant
- competent
Has to be a matter of importance in order to be what?
Material
I could introduce evidence that the defendant has O positive blood but if there was no blood at the crime scene the type of blood he has is not what?
Material
If the defendant has O positive blood that is absolutely true and it is relevant because he has O positive blood and it could be related to the case but who cares about this? This makes this evidence
not Material
What can change with the amount of evidence?
Materiality
If you have ten pieces of evidence that tend to show someone was at the crime and you keep adding on pieces of evidence it is slightly less material and there is a good chance that he was at the crime. True or False
True
What means that it pertains to something important in the case?
Relevant
If I am the prosecutor the defendant has already admitted that he was not there and I introduce evidence that proves he was there such as the footprint. Would this be relevant?
Yes because it pertains to a matter under question about whether he was there or not.
It really is what it proports to be
competent
If I introduce a contract signed by the defendant it is only ___________ IF IT IS THE ACTUAL CONTRACT THEY SIGNED.
Competent
Photos of the crime scene and you introduce a photo from another case it would not be what?
competent
Relevant means pertaining to something to do with the case. Material means kind of important. True or False
True
CSI TV: shows that crimes happen in a short amount of time and it one of the problems that causes jury members to expect to have major scientific stuff for the crime scene. True or False
True
Simple assault at the bar and the jury asks for DNA evidence. This is caused because of what?
CSI effect
Security cameras are bad because you can only enhance the image so much. People do not have a proper understand of what is expected. Due to what?
CSI effect
The biggest failure is ________ not equipment.
training
When elements get messed up the vast majority of the time it was because of what?
training
Anyone who deals with evidence needs ________ and refreshers.
training
When a piece of evidence gets something else in it that messes it up. This is what?
Contamination
Collecting blood on a hot day and your sweat drips into the blood. it is now what?
contaminated
When two different pieces of evidence contaminate each other. This is known as what?
Cross contamination
Every piece of evidence needs to be isolated and sealed as tight as possible. True or False
True
The evidence bag almost always has a log on the front of it. When you take the evidence and put it in the bag and seal it. It is important to write the date and time and sign it why?
Chain of Custody
Once the evidence is in the bag and you have signed it and filled out the log you then take it to the evidence person and date it and sign it. She writes revived by and store is in the evidence room. This is an example of what?
chain of custody
Every person that touched the evidence needs to sign it out and fill out the evidence log because of what?
chain of custody
if there is a break in the chain of custody and it was signed out and never signed in and then a few days later someone has the evidence will the evidence be tossed out?
Yes
The gap in the chain of custody will cause the judge to do what?
toss out the evidence
